Should renewals and/or modifications be checked for HPML rate spread or just new loans?

Only if you make a loan (including refinancings).

David, if you have (Texas) a renewal and modification of the real estate note, then it doesn't need to be checked against HPML or HOEPA as this is not a refinance?

I don't know anything about Texas law, but your statement is correct for Federal law.

I don't think it is a requirement but is it a good idea to have some type of log / tracking for loan applications that were either cancelled or denied but at time of denial / cancellation / withdrawal would have qualfied as a HPML?

These would be for those that aren't HMDA reportable but would be HPML. For the HMDA reportable ones, they will be on the LAR.

Why? Are you going to test an application that didn't close for HPML. How? You don't have an APR.

We're having some more discussions around testing for HPML on renewals/modifications. There is some push back stating that we should do this as there is no exemption in the HPML rules at 226.35(a)(3)for not including renewals/modifications. I'm looking at 226.20(a) and the commentary. In reading through the definition of refinancing that a refinancing would require new disclosures. If the loan is not considered a refinance, then my understanding is new disclsoures would not be required. Is that the correct logic or is there something else I can go back to to help support this? Thank you.

If it is not a refinancing, there are no new disclosures required. What APR are they proposing to use to determine that the renewal/modification triggers the HPML rules?

Our system does not have separate renewal/modification documents. We actually do a new note that will have an APR disclosed in the fed box and that's what they would use.